Advocate Aishwarya Makhija

Questions Answered by Advocate Aishwarya Makhija

Q: Pending bail application in fraud case before Punjab high court

What should a person do ? if A bail application is pending before a bench of the Punjab and Haryana High Court . The judge does not listen to the case /not taking that case on the date of hearing.Next date has been updated on the website without hearing of the case. It is because he does not listen the case after lunch break and because of that our listed case could not be heard from last 1 year.In this situation what should a person do ? can he/she file application to change the judge or can he/she write a letter to the Chief Justice of respected High Court against that Judge?

Advocate Aishwarya Makhija answered
You keep on filing for early hearing application and if that application is still not being heard, take that order to the appellate court. Make sure your case is heard on merit. If the single judge does not hear the matter and pass an effective order, you can take that order to the division bench.

Q: Received rule no 11 form 15- under cruelty

How can I get certificate under u/s 65b of evidence act. Also I have WhatsApp chats, audio recordings,emails of my spouse and her relatives .How can I prove to the court that the voice recordings and chats are belonging to the spouse and his relatives who were cruel to me.

Advocate Aishwarya Makhija answered
You first can seek maintenance for yourself and your child and then you can as per your wishes you can go ahead with the case in the sense if you want to continue your relation with your husband or you also want a divorce from him.

Q: Adoption Of Baby From My Brother

Can I adopt my brother's baby through adoption deed and how ?(Religion-Hindu)

Advocate Aishwarya Makhija answered
Yes you can adopt a child from your brother. That is done through an adoption deed and there’s a legal way to go ahead with adoption. A proper adoption deed would be prepared and the same would be registered with SDM.

Q: Domestic violence , disadvantage

Can I apply for DC while our mutual divorce case is in process? I also would like to withdraw our nutual consent divorce case till the DV is in process ? Does it becomes easy for the husband to win the contested divorce case (if he apply) if I fail to provide proof in DV case?

Advocate Aishwarya Makhija answered
If you are going for mutual consent divorce, then make sure that first all pending cases are withdrawn and only then go for recording of statements. Otherwise there’s no point going for a mutual consent divorce.

Q: Maintenance related contested divorce in process

What is maintenance and what is interim maintenance ? Are both different? Do we need 2 file different cases ?

Advocate Aishwarya Makhija answered
Yes of course. Rather first you should claim maintenance for yourself and your child from your husband and only then the divorce proceedings should proceed. First thing should be the welfare of child and only then the divorce proceedings should go ahead.